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2025 DAILYLAW 89506 (ALL)

PINTU SONKAR v. STATE OF U.P. AND 3 OTHERS

CRLP/20178/2025 · 2025-10-07

Achal Sachdev, Siddhartha Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20178 of 2025 Court No. - 42 HON'BLE SIDDHARTHA VARMA, J. HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the petitioner, learned A.G.A. for the State- respondents and Sri Lal Chandra Mishra, learned counsel appearing for the informant. 2. This writ petition has been filed for quashing the impugned First Information Report dated 18.08.2025 registered as Case Crime No.0127 of 2025, under Sections 191(2), 308(5), 324(4), 115(2), 351(2), 352 of B.N.S., Police Station - Shivkuti, District - Prayagraj, and a direction to the respondent authorities not to arrest the petitioner in pursuance of the impugned first information report. 3. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated. 4. Per contra, learned A.G.A. submits that a cognizable offence has been made out and, therefore, no interference is warranted in the impugned first information report. 5. Perusal of the impugned first information report prima facie reveals commission of cognizable offence. 6. Therefore, in view of the law laid down by Hon'ble Supreme Court in the case of State of Haryana and others vs. Bhajan Lal and others, 1992 Supp. (1) SCC 335 and M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918 and in Special Leave to Appeal Versus Counsel for Petitioner(s) : Mohitosh Singh Counsel for Respondent(s) : G.A., Lal Chandra Mishra Pintu Sonkar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) (Crl.) No.3262/2021 (Leelavati Devi @ Leelawati & another vs. the State of Uttar Pradesh) decided on 07.10.2021, no case has been made out for interference with the impugned first information report. 7. Therefore, the writ petition is dismissed leaving it open for the petitioner to apply before the competent court for anticipatory bail/bail as permissible under law and in accordance with law. October 8, 2025 M.S. Ansari CRLP No. 20178 of 2025 2 (Achal Sachdev,J.) (Siddhartha Varma,J.) Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad